The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes and practitioners are increasingly being called upon to evaluate such disputes. This article is intended to provide in-house lawyers and business executives with a guide for evaluating these disputes from their inception.

As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the hospitality and entertainment sectors, are closing their doors for good. In this grim scenario, business owners may be wondering if litigation is possible when government-enforced suspensions cause their businesses to fail.

A new regulatory regime is on the horizon for Oklahoma oil and gas companies in the wake of a recent ruling reclassifying most of the eastern part of the state as an Indian reservation. Partners Andy Hicks (an Oklahoma bar trial lawyer) and Adam Dinnell assess how the ruling is likely to affect business.

While the Main Street Lending Program (“MSLP”) was designed to ameliorate economic harm caused by the COVID-19 pandemic, it leaves lenders open to possible litigation exposure if borrowers fail to satisfy their obligations. How can lenders protect themselves and minimize the level of risk?

In a turbulent economy, circumstances often arise in which a party seeks to avoid contractual obligations by invoking a force majeure provision in the relevant agreement. The following checklist offers a preliminary way forward.

As American society copes with the COVID-19 pandemic, masks and face coverings have become the focus of legal mandates, political protests, and nonstop commentary—in some instances, even violence. But beyond the public health guidance and ideological debates, trial lawyers face a new and unique question: Could whether a witness is wearing a mask impact their credibility in the eyes of a jury?

The troubles affecting the federal government’s Payroll Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not. This article examines three recently filed class actions, analyzes other litigation concerning the CARES Act, and provides guidance to PPP agents on how to protect their rights and receive their fees.

The current crisis is already spawning tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Former DOJ trial counsel Adam Dinnell has successfully used genetic typing, a form of “fingerprinting” that differentiates between thousands of different genetic types of a particular pathogen, as evidence in similar cases involving Legionnaire’s Disease.

The coronavirus pandemic’s impact on the healthcare, travel, and hospitality industries has been severe.

The current crisis is already spawning tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Former DOJ trial counsel Adam Dinnell has successfully used genetic typing, a form of “fingerprinting” that differentiates between thousands of different genetic types of a particular pathogen, as evidence in similar cases involving Legionnaire’s Disease.

As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article offers an update on emerging global trends in force majeure and the evolving considerations businesses should apply in evaluating force majeure provisions found in existing as well as new contracts.